GUIDANCE NOTES ON GENERAL SAFEGUARDING FOR TEACHERS

SECTION A – TEACHERS ELIGIBLE FOR GENERAL SAFEGUARDING WHO TAKE UP NEW POSTS ON OR AFTER 1 JANUARY 2006

Circumstances in which general safeguarding is paid Principles of safeguarding Reviewing of duties assigned to teachers in receipt of safeguarding Action for the relevant body in relation to the teacher Start date for general safeguarding Reasons for payment of the safeguarded sum or sums to cease Payment of other sums Notification to teachers of the safeguarded sum or sums Teachers employed on a part-time basis

SECTION B – EXAMPLES OF APPLICATION OF GENERAL SAFEGUARDING FOR TEACHERS WHO TAKE UP GENERALLY SAFEGUARDED POSTS ON OR AFTER 1 JANUARY 2006

Classroom teachers receiving general safeguarding (examples 1 - 3) Leadership group members and ASTs receiving general safeguarding (examples 4 and 5)

SECTION C – GENERAL SAFEGUARDING FOR TEACHERS WHO HAVE TAKEN UP GENERALLY SAFEGUARDED POSTS BY 31 DECEMBER 2005

Background Reviewing of duties assigned to teachers in receipt of safeguarding Start date for general safeguarding Reasons for payment of the general safeguarding to cease Notification to teachers of the safeguarding Teachers employed on a part-time basis

SECTION D – EXAMPLE

Effect of AST assimilation on general safeguarding which took effect prior to 31 December 2005 (example 6)

WHERE APPLICABLE, PLEASE SEE ALSO THE SEPARATE ‘TEACHERS’ PAY SAFEGUARDING - GUIDANCE AND EXAMPLES’.

1 These guidance notes have been agreed by the Rewards and Incentives Group – ASCL, ATL, DCSF, NAHT, NASUWT, NEOST and PAT. Please see also ‘Teachers’ pay safeguarding – guidance and examples’ for information on all other forms of safeguarding. SECTION A – TEACHERS ELIGIBLE FOR GENERAL SAFEGUARDING WHO TAKE UP NEW POSTS ON OR AFTER 1 JANUARY 2006

Circumstances in which general safeguarding is paid

1. From 1 January 2006, general safeguarding applies to a teacher who loses his/her post, but remains employed at the same authority, as a result of:
   - the closure of a school;
   - a prescribed alteration to a school or the reorganisation of a school, where the teacher’s new post is at a different school; or
   - the closure or reorganisation of any other educational establishment or service.

Principles of safeguarding

2. The principles of safeguarding applicable to teachers who take up generally safeguarded posts on or after 1 January 2006 are:
   - teachers should not suffer an unexpected drop in salary through no fault of their own;
   - safeguarding should be applied on a mandatory basis;
   - safeguarding should operate on a fixed-term basis not exceeding three years;
   - safeguarding should be on a cash basis (i.e. salaries are to be cash-protected);
   - teachers should know at the start of the three-year period what safeguarding arrangements are applicable to any salary element and these must be set out in their annual salary statement.

Reviewing of duties assigned to teachers in receipt of safeguarding

3. If a teacher is in receipt of safeguarding (whether only general safeguarding or a combination of general safeguarding and other safeguarding) totalling more than £500, the relevant body(^2) must review the teacher’s assigned duties and allocate such additional duties as they reasonably consider to be appropriate and commensurate with the safeguarded sum during the time that the safeguarding is in payment. If a teacher unreasonably refuses to carry out such additional duties, payment of the safeguarded sum must cease. The relevant body must notify the teacher in writing of their decision to cease paying the safeguarded sum at least one month before payment ceases.

(^2) Usually the governing body. Action for the relevant body in relation to the teacher

4. The relevant body of the school or service in which the teacher is taking up his/her post must determine the teacher’s salary and any safeguarding which applies in respect of each element of the teacher’s salary. The general safeguarding arrangements, to be applied in the relevant circumstances, are as follows:

- if the teacher is paid on a point of lower value, then the ‘first safeguarded sum’ is the difference between the old and new points. This sum must be reduced by the value of any TLR or SEN allowance awarded at a later date;
- if the teacher is awarded a TLR in the new post which is of lower value than a TLR which the teacher was previously receiving, the ‘second safeguarded sum’ is the difference between that TLR and the new one; or if no TLR is awarded, it is the value of the former TLR (if applicable). This sum must be reduced by the value of any new TLR awarded to the teacher by the relevant body from time to time or by the difference between the two TLRs, as appropriate but is not reduced by cost-of-living increases applied to TLRs in payment;
- if the teacher formerly in receipt of SEN2 is awarded SEN1 then the ‘third safeguarded sum’ is the difference between SEN2 and SEN1. Alternatively a teacher in receipt of SEN1 or SEN2 who does not receive a SEN allowance in the new post will receive the value of the relevant SEN allowance as the third safeguarded sum. This sum must be reduced by the value of any new SEN allowance awarded to the teacher by the relevant body from time to time but is not reduced by cost-of-living increases applied to SEN allowances in payment;
- similar arrangements apply to the allowances awarded to unqualified teachers (the ‘fourth safeguarded sum’).

(The references to first, second etc. above are purely practical and do not imply that the teacher can or will receive any particular number or combination of sums.)

Start date for general safeguarding

5. General safeguarding starts on the date the teacher takes up his/her post in the new school or unattached teacher’s post within the service of the local authority (LA).

Reasons for payment of the safeguarded sum or sums to cease

6. The earliest of the following:

- the third anniversary of the date on which the teacher starts work in the new post; • the teacher takes up an excellent teacher post, or moves to a different pay scale or pay spine (except in the case of a move from the main pay scale to the upper pay scale, or where school restructuring causes a member of the leadership group, an AST or an excellent teacher to be moved to a different pay scale); • the teacher’s move to a higher point on their pay scale or pay spine means an increase in salary equalling or exceeding the value of the safeguarded sum or sums; • the teacher leaves the school (except in cases where general safeguarding applies); • where the teacher is receiving more than a total of £500 of safeguarding, if the teacher unreasonably refuses to carry out any additional duties that the relevant body reasonably assigns to him for the duration of the safeguarding period. (See paragraph 3 above for more information.).

Payment of other sums

7. Any other safeguarded sums which the teacher is already receiving continue as they would have done, had the teacher not been moved to a new post. That means, for example, that a former management allowance or part of a management allowance will continue for the remainder of the safeguarding period, subject to the usual rules on cessation (see ‘Teachers’ pay safeguarding – guidance and examples’). This means that generally safeguarded payments may run to a different timescale from other safeguarded sums, because of separate safeguarding start dates.

8. With regard to recruitment and retention incentives and benefits paid in the old post, these are safeguarded until the end of the original period of award, unless the teacher accepts before the end of that period a different recruitment and retention incentive or benefit instead.

Notification to teachers of the safeguarded sum or sums

9. The relevant body must include all details of safeguarding in its notification to the teacher, including the date or dates on which the safeguarded sums end.

Teachers employed on a part-time basis

10. Part-time teachers must be paid the appropriate proportion of the remuneration to which they would have been entitled had they been employed full-time, and so the same applies in the case of safeguarded sums, whenever a change in working hours occurs. SECTION B – EXAMPLES OF APPLICATION OF GENERAL SAFEGUARDING FOR TEACHERS WHO TAKE UP GENERALLY SAFEGUARDED POSTS ON OR AFTER 1 JANUARY 2006

Classroom teachers receiving general safeguarding (examples 1 - 3)

Example 1

| Date | Scale point and value | Safeguarded sum | Safeguarded sum | Safeguarded sum | Total | |--------|-----------------------|-----------------|-----------------|-----------------|--------| | Sept '05 | M6 inner £31,749 | £276 (SPA) | £3,312 (MA) | | £35,337 | | Jan '06 | M6 inner £31,749 | £276 (SPA s/g) | £3,312 (MA s/g) | | £35,337 | | Apr '06 | New post under general safeguarding attracts TLR2 £2,250. | | | | | | Apr '06 | M6 inner £31,749 | £276 (SPA s/g) | (£3,312 - £2,250) = £1,062 (MA s/g) | £2,250 (TLR2) | £35,337 | | Sept '06 | M6 inner £32,820 | £276 (SPA s/g) | £1,062 (MA s/g) | £2,306 (TLR2) | £36,464 | | Sept '07 | U1 inner £37,809 | SPA s/g ceases | MA s/g Ceases | £2,364 (TLR2) | £40,173 |

The new salary U1 (£37,809 + TLR2 (£2,364) is higher than the original salary of M6 (£31,749) + (£3,312 + £276) safeguarded sums. All safeguarding ceases.

Example 2

| Date | Scale point and value | Safeguarded sum | Safeguarded sum | Total | |--------|-----------------------|-----------------|-----------------|--------| | Sept '05 | U3 £32,628 | £3,312 (MA2) | | £35,940 | | Jan '05 | U3 £32,628 | £3,312 (MA s/g) | | £35,940 | September 2007

| Date | Scale point and value | Safeguarded sum | Safeguarded sum | Total | |------------|-----------------------|-----------------|-----------------|-----------| | Sept '06 | U1 £31,098 | SEN2 £3,597 | | £34,695 | | Apr. '07 | U1 £31,098 | SEN1 £1,818 | (£3,597 - £1,818) = £1,779 | £34,695 | | Sept. '07 | U1 £31,878 | SEN1 £1,866 | £1,779 | £35,523 | | Sept. '08 | U2 £33,887 | SEN1 £1,913 | \*Safeguarding Ceases | £35,800 |

This example assumes a 2.5% uplift in 2008. Values for 2006 and 2007 are set.

- safeguarding ceases because the new salary as of Sept. 08 (Scale point + SEN1) is higher than the original salary of Sept. 06 (Scale point + SEN2).

**Leadership group members and ASTs receiving general safeguarding (examples 4 and 5)**

**Example 4**

Leadership Group member with ILAS taking up a new general safeguarding post from September 2007. Notes

- All ILAS safeguarding ceases on 31 December 2008 unless another of the reasons for ceasing ILAS safeguarding occurs earlier.

\*\* For this teacher general safeguarding becomes operable from 1 September 2007 for a maximum of 3 years unless another of the reasons for ceasing general safeguarding occurs earlier. Teacher is placed on L11 in new post.

\*\*\* The teacher is moved to point L12 in Sept. 08. The difference between L11 in 2007 (£51,393) and L12 in 2008 (£53742) = £2,349. The relevant body would consider the smallest safeguarded amount first. As ILAS safeguarding would cease if the teacher moves to a higher point on the pay spine and the safeguarded sum is smaller than the difference between the points, ILAS safeguarding ceases.

The relevant body would then consider the general safeguarding amount but as this is higher than the £2,349 safeguarding continues.

\*\*\*\* The three year anniversary of the general safeguarding reached. Safeguarding therefore ends. The spine point is uprated by 2.5% (assumed) for each year starting September 2008. Pay rates for 2006 and 2007 are set.

See also examples 9-14 in ‘Teachers’ pay safeguarding - guidance and examples’

**Example 5**

AST commences general safeguarding after 1 January 2006.

| Date | Spine point and value | Safeguarded sum | Total | |--------|-----------------------|-----------------|---------| | 1/9/05 | Point 8 £35,433 | | £35,433 | | 1/2/05 | Point 5 £33,738\* | £1,695 | £35,433 | | 1/9/06 | AST2 £34,938\*\* | £1,695 | £36,633 | | 1/9/07 | AST3 £36,708\*\*\* | Safeguarding ends | £36,708 |

- date at which general safeguarding is implemented. \*\* date at which assimilation onto new AST spine occurs. \*\*\* safeguarding ends because the progression increase in salary is greater than the safeguarded sum. (see also flowchart 5)

SECTION C – GENERAL SAFEGUARDING FOR TEACHERS WHO HAVE TAKEN UP GENERALLY SAFEGUARDED POSTS BY 31 DECEMBER 2005

Background

11. Teachers who by 31 December 2005 took up posts which are subject to general safeguarding, are subject to different general safeguarding arrangements. Teachers under these arrangements are not subject to three-year or ‘cash’ safeguarding, which means that the teacher continues to receive any pay awards which attach to the safeguarding. However, there are some changes from the old arrangements which existed prior to 1 September 2005. Relevant bodies need to be aware of the implications for the way in which generally safeguarded teachers are managed.

Reviewing of duties assigned to teachers in receipt of safeguarding

12. If a teacher is in receipt of safeguarding (whether general safeguarding or a combination of general safeguarding and other safeguarding) totalling more than £500, the relevant body must review the teacher’s assigned duties and allocate such additional duties as they reasonably consider to be appropriate and commensurate with the safeguarded remuneration during the time that the safeguarding is in payment.

Start date for general safeguarding

13. General safeguarding starts on the date the teacher took up his/her new post within the service of the same LA.

Reasons for payment of the general safeguarding to cease

14. This ‘old style’ general safeguarding continues unless:

- the teacher is offered but unreasonably refuses to accept an alternative post in an educational establishment in the same local authority;
- the teacher’s remuneration would otherwise equal or exceed his/her generally safeguarded remuneration;
- the teacher is placed on a different pay scale/spine (except for teachers moving from the main pay scale to the upper pay scale, or leadership group members and ASTs who are moved to a different post as a result of an internal school reorganisation); • the teacher leaves his/her post, except in cases where general safeguarding applies.

15. Teachers in receipt of general safeguarding who receive other safeguarded allowances (except management allowances) are subject to the same rules on safeguarding as other teachers. This means that teachers who receive the Inner London Area Supplement, the Social Priority Allowance or assimilation safeguarding will receive these for no longer than three years, ending on 31 December 2008. (See ‘Teachers’ pay safeguarding – guidance and examples’ for further information.)

Notification to teachers of the safeguarding

16. The relevant body must ensure that teachers’ pay statements include notification of all the details of the general safeguarding the teacher is being paid. They will of course need to include information on any other safeguarded sums and where relevant the latest date or dates these will end (see ‘Teachers’ pay safeguarding - guidance and examples’ for further information).

Teachers in receipt of management allowances

17. A teacher subject to this form of general safeguarding who is in receipt of a management allowance and then is awarded a TLR, has the safeguarded management allowance reduced by the value of the TLR (if the TLR is less than the safeguarded management allowance) or replaced by the TLR (if the TLR equals or exceeds the management allowance). If the TLR is awarded on a temporary basis in the absence of the post-holder, the safeguarded management allowance will be restored at the end of the temporary period, unless it would otherwise have ceased as a result of the occurrence of any of the circumstances set out in paragraph 14 above.

Teachers employed on a part-time basis

18. Part-time teachers must be paid the appropriate proportion of the remuneration to which they would have been entitled had they been employed full-time. SECTION D – EXAMPLE

Effect of AST assimilation on general safeguarding which took effect prior to 31 December 2005 (example 6)

Example 6

An AST subject to general safeguarding which commenced prior to 31 December 2005.

| Date | Original salary | Notional salary | |----------|-----------------|-----------------| | 1/9/05 | Point 8 £35,433 | | | 2/12/05 | | Point 5 £33,738\*| | 1/9/06\*\* | AST4 £36,705 | AST2 £34,938 | | 1/9/07 | AST4 £37,623 | AST2 £35,814 |

- date at which general safeguarding begins. Teacher continues to be paid on original salary. \*\* assimilation on to new AST spine occurs. Both the original salary and the notional salary are assimilated as both salaries are re-calculated to reflect increases for cost of living. Teacher continues to be paid original salary. The teacher can progress on the notional salary (subject to range set) but will continue to be paid on the original salary (AST4) until the value of the notional salary equals or exceeds the value of the original salary. (see also flowchart 6)